IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WP (HC).NO.126 OF 2017 BETWEEN:
SRI SYED ALTAF AHMED S/O HAZARATH PEER, AGED ABOUT 58 YEARS, R/AT NO.5, 9TH A MAIN MARUTHI, CO-OPERATIVE SOCIETY, GURAPPANAPALYA, BENGALURU – 560 029. ... PETITIONER (BY SRI JAVEED S., ADVOCATE) AND:
1. STATE OF KARNATAKA MINISTRY OF HOME, VIDHAN SOUDHA, BENGALURU – 560 001.
2. THE INSPECTOR OF POLICE SUDDAGUNTEPALYA POLICE STATION, BENGALURU – 560 029.
3. MR.MOHAMMED SHABEER@BABU S/O NOT KNOWN, AGED ABOUT 59 YEARS, R/AT NO.467/1, 1ST FLOOR, 2ND CROSS, NEAR BISMILLA MASJID, BISMILLA NAGAR, BENGALURU – 560 029.
4. MRS.FARIDA BANU W/O MOHAMMED SHABEER @ BABU, AGED ABOUT 55 YEARS, R/AT NO.467/1, 1ST FLOOR, 2ND CROSS, NEAR BISMILLA MASJID, BISMILLA NAGAR, BENGALURU – 560 029.
5. MR.MOHAMMED UWAIS S/O MOHAMMED SHABEER @ BABU AGED ABOUT 27 YEARS R/AT NO.467/1, 1ST FLOOR, 2ND CROSS, NEAR BISMILLA MASJID, BISMILLA NAGAR, BENGALURU – 560 029.
6. MR.MOHAMMED SAIFFUDDIN S/O NOT KNOWN, AGED ABOUT 62 YEARS, R/AT NEAR MASJID-E-AMMAR, JAYANAGAR, NEAR NANDA THEATER, BENGALURU – 560 070.
7. SHAREEN D/O MOHAMMED SAIFFUDDIN, AGED ABOUT 62 YEARS, R/AT NEAR MASJID-E-AMMAR, JAYANAGAR, NEAR NANDA THEATER, BENGALURU – 560 070.
8. MR.RIZWAN SHARIFF S/O YOUSUF SHARIFF, AGED ABOUT 32 YEARS, R/AT NEAR MASJID-E-AMMAR, JAYANAGAR, NEAR NANDA THEATER, BENGALURU – 560 070.
9. YOUSUF SHARIFF S/O NOT KNOWN, AGED ABOUT 65 YEARS, R/AT NEAR MASJID-E-AMMAR, JAYANAGAR, NEAR NANDA THEATER, BENGALURU – 560 070. ... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1 AND R2) THIS WP(HC) IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, IN THE NATURE OF HABEAS CORPUS TO PRODUCED THE VICTIM BEFORE THIS COURT.
***** THIS WP(HC) COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER The petitioner seeks for a writ of habeas corpus for the production of his daughter Syeda Anam Fathima. That she left home on 11.09.2017. Hence, a complaint was lodged. But nothing came out of it.
2. An Affidavit is filed by the Police Inspector, Suddaguntepalya Police Station, Bengaluru stating that the Detenue has married the fifth respondent in accordance with their religious customs. That the Detenue has also written letters stating that she has married the fifth respondent on her own free will.
3. The same is countered by an Affidavit of the petitioner on the ground that the fifth respondent may not take care of his daughter.
4. The Detenue is before the Court, so also the fifth respondent. On questioning her, she states that she has married the fifth respondent with her free will. The fifth respondent who is in court states that having known her, he has married her and that he will take good care of her.
5. In view of the Detenue being produced and she having attained majority and marrying the fifth respondent, nothing further survives for consideration. Consequently, the writ petition is dismissed.
SD/- SD/-
JUDGE JUDGE JJ